Power to Rule and Impose Sanctions

Code of Conduct

Generally, codes of conduct set out the values, rules, responsibilities, and expectations of those to which it applies, and includes provisions that require professional and respectful behaviour, the appropriate use of public resources and assets, and provisions prohibiting bullying, discrimination, and harassment. Codes of conduct also typically contain a process for accepting, investigating, and ruling on complaints. A code of conduct usually also includes penalties that may be imposed on people who violate one or more of its provisions.

There are 3 types of Codes of Conduct that fall within the Local Governance Commission’s mandate:

• The Local Governance Act requires that every local government (city, town village and rural community) adopt a by-law containing a code of conduct that applies to all councillors.
• The Regional Service Delivery Act allows regional service commissions to adopt a by-law containing a code of conduct that applies to board members.
• The Minister has established a code of conduct for rural districts that applies to council members.

Conflicts of Interest

In general, conflict of interest rules exist to prevent councillors, board members and those employees that report directly to Council or a Board of Directors (senior employees) from using their positions to gain a financial benefit or advantage for themselves, a family member, or a corporation they have a connection to, through their work with a public authority (local government, regional service commission or rural district). This includes entering into contracts on behalf of the public authority that would provide a direct benefit to one or more councillors, one or more board members, one or more senior employees, or one of their family members.

Conflict of interest rules prohibit councillors, board members and senior employees from accepting fees, gifts, gratuities or other benefits that could influence them in making decisions and carrying out their duties.

Conflict of interest rules also prohibit councillors, board members and senior employees from using their positions, or information they have learned through their positions that is not available to the public, for their own personal gain, or for the personal gain of a family member.

The Local Governance Act sets out the rules that councillors and officers (senior employees) must follow to avoid being in a conflict of interest. 

The General Regulation – Regional Service Delivery Act sets out the rules that board members and designated employees (senior employees) must follow to avoid being in a conflict of interest.